Bill Tieleman is one of BC's best known communicators, political commentators and strategists.
Bill writes a politics column Tuesdays in 24 Hours newspaper and The Tyee online magazine.
Bill has been Communications Director in the B.C. Premier's Office and at the BC Federation of Labour.
Bill owns West Star Communications, a consulting firm providing strategy and communication services for labour, business, non-profits and government.

Monday, June 02, 2008

Basi-Virk: 2,200 more privileged documents, more delays

The long and winding road that is the BC Legislature Raid case turned another corner this morning, a corner that sees 2,200 more documents where privilege is being claimed and more delays coming before getting to the actual trial.

Defence lawyers for David Basi, Bob Virk and Aneal Basi - the three former provincial government aides facing corruptions charges related to the $1 billion privatization of BC Rail - joined with Special Prosecutor Bill Berardino in asking BC Supreme Court Justice Elizabeth Bennett to accept further delays in dealing with the 4-year old case.

There will also be a Charter of Rights application coming from the defence this month on the issue of calling witnesses such as BC Premier Gordon Campbell and Deputy Attorney-General Allan Seckel to testify about their roles in the disclosure of evidence in the case. The defence has previously alleged political interference in the case by the premier.

And New Democratic Party MLA Leonard Krog again raised the possibility that the trial will never be heard in court, calling on Campbell to promise a full public inquiry if the case is dismissed by Bennett.

Virk's lawyer Kevin McCullough told Bennett that the Special Prosecutor is claiming privilege over about 2,200 documents - a claim that may take several weeks to sort through in court.

Outside court Basi's lawyer Mike Bolton explained that the privilege claim is not to be confused with the privilege claims of the BC government based on either cabinet privilege or solicitor-client privilege that have earlier been bones of contention.

"There's a variety of different claims," in the 2,200 documents Bolton said. "Pertaining to other investigations, solicitor-client privilege, relevancy claims and police work project privilege."

"It's completely separate from the cabinet solicitor-client privilege, different documents," he added.

That's one reason why Bennett agreed to the joint defence-crown request to put back the starting date for pre-trial hearings on the vetting of evidence related to the case, from the originally planned date of June 16 to June 30.

But the two sides did not agree on how long the vetting of BC Rail documents will take.

Bennett asked Berardino how long he anticipated it would require.

"As a general rule, subject to anyone here saying something, two to three weeks," Berardino replied.

"Very optimistic," McCullough immediately interjected.

He later suggested far longer. "I don't think it will take two to three weeks - the volume is substantial and I think it will take considerably longer," McCullough said.

McCullough also asked Bennett to schedule another case update hearing in mid-June.

"What I had hoped to accomplish," Bennett replied, "was to have the vetting completed by the end of the summer."

But even that may be a challenge, as a lengthy discussion of all parties' holiday plans proved.

After some vacation negotiations, it was determined that the court will sit June 30 for three days before Bennett takes off the week of July 7 to teach a judicial course. The hearings will then resume July 14 and run until August 15, when the court will not sit for three weeks as counsel take holidays, until September 8.

Bennett also agreed to McCullough's request for an update, which will take place on Friday June 20 at 9 a.m.

Outside the courtroom MLA Leonard Krog, critic for the Attorney-General's ministry, appeared somewhat exasperated at the extended proceedings and possibility of the case being dismissed.

"This government is still under the cloud of the raid on the BC Legislature after four years," he said. "If the case is thrown out, if the premier has any integrity he will call an immediate inquiry into this long, sorry tale."

Meanwhile, the action next shifts to the BC Court of Appeal on June 9, where an appeal by Special Prosecutor Bill Berardino will be heard.

Berardino hopes to convince the Appeal Court to overturn a ruling by Justice Bennett that would allow defence lawyers to hear testimony by a secret witness in the case.

That appeal is set for three days in court and is expected to take place completely in camera - in other words, no access allowed for the media or the public.

All in all, another great day in a case that shows little signs of ending anytime soon.

Just how much are these lawyers being paid for all this nonsense? Is this, by any chance, another example of corruption in this province? Or, am I expanding on the ideas in MacLean's article, BC is a Crime Super Power, too much and letting my imagination run wild?

Bill, could you speak to those union guys? I am still waiting for my SHUT UP T-shirt?

Many of us feel Leonard Krogs' exasperation Bill. His may be a little more political, there being an election on the horizon with a gag law inserted. His comment on "if the Premier has any integrity", if it wasn't so serious, almost made me laugh. I'm afraid that in my opinion this premier lost all his integrity when he first said he wouldn't sell our railway. The many lies that have followed have only bolstered my opinion.

"All in all, another great day in a case that shows little signs of ending anytime soon.

Bill, it is difficult for me to imagine how the word "great" can be applied to this ongoing travesty of a train wreck of so called justice. There is no justice here for the Basis and Virk, there is no justice for the people of BC. It has been over four years of highly (over?) paid lawyers and officials obfuscating and avoiding any effort to uncover the truth if it may be embarrassing or lead to criminal charges against the REAL culprits in this farce.

Well, maybe I just mis-spoke (or mis-wrote) indeed the whole thing is (like many other Liar Party shenanigans) a GREAT stain on the whole concept of "justice" and "due process!"

You want sleaze? These guys got it, from your nickel and dime frauds to your billion dollar scams and everything in between.

Mary - you are quite correct - I will be amazed if myself or any other ink-stained wretch or misbegotten taxpayer ever gets the chance to cross the threshold into the courtroom of the BC Court of Appeal for the secret witness hearing.

But I will be there anyway if only to witness more history being made - from the outside!

Bill Tieleman and Senator Larry Campbell, former Vancouver mayor

Jim Sinclair, Cindy Oliver, Ken Georgetti and Bill Tieleman

Bill Tieleman's coverage of the Basi-Virk/BC Legislature Raid Case praised by other journalists:

"This outstanding piece of journalism, in The Tyee, is the work of a journalist who has been deeply involved with this issue from the start and this article should be passed on as far and wide as possible."

"Bill Tieleman from 24 hours . . . . If you want to know about this trial and about this case, you have to read his blog – I mean, that’s just all there is to it – it’s required reading if you want to understand the BC Legislature Raid situation."

- Mike Smyth, columnist, The Province

"The Basi-Virk case....you’ve probably sat through more of these hearings and gone through more of the files and written about it than any other journalist in the province."

- Bill Good, host, The Bill Good Show, CKNW/Corus Radio Network

"Tieleman ...has done a first-rate job covering the trial."

- Paul Willcocks, columnist, the Victoria Times-Colonist

"Tieleman, who marries a considerable journalistic talent with one of the smartest political minds in the province, has been writing more web-exclusive material. And his coverage of the Basi-Virk trial is a must-read -- whether you're an insider or an outsider."

"24 Hours, the Vancouver paper that has been leading the coverage, as well as the hints of conspiracy in B.C."

- Norman Spector, columnist, Globe and Mail

"Although the major media in this circumstance has been giving the case significant coverage, Tieleman's reports on his blog have been outstanding.

The entire cut and thrust of legal wrangling and arguments has been covered and is accompanied by considered analysis.....His blog site coverage of the Basi-Virk trial is the most in depth treatment of one of British Columbia's biggest political scandals."

- Bill Bell, columnist, The North Shore News

"Mr. Tieleman has published online dispatches which, freed from the limitations of newsprint space or broadcast time, can run at length. They also remain available for those select readers who become obsessed with a case also known as Railgate.....

In another bizarre twist to a story with no shortage of them, Mr. Tieleman went to work one day in December only to discover his office had been ransacked. Bookcases had been tipped over and papers strewn, but nothing was missing.

To top it off, a press kit for the self-published novel The Raid, written by a retired military officer in Metchosin and featuring on its cover a photograph from the 2003 police raid, had been left in a conspicuous place."

- Tom Hawthorn, columnist, The Globe and Mail

Nobody has followed the Basi-Virk affair over its past five years with greater diligence than local journalist, Bill Tieleman....Tieleman deserves our thanks, a fistful of journalism awards and some merit citation for citizenship.